[2024] KEHC 8386 (KLR)
The court found that Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798, owned by the deceased, was inadvertently omitted from the Certificate of Confirmation of Grant. The applicant demonstrated that all dependents had received payment for the sale of the land and had no further claim, and that she had been in...
Source-derived case information.
- Citation
- [2024] KEHC 8386 (KLR)
- Parties
- Applicant: Jacob Manjichi Ombonya (Deceased); Respondent: Joyce Asagi Bidali
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 212 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
- Outcome
- application granted with conditions
- Judges
- JM Chigiti
- Legal Topics
- Rectification of Grant, Transmission of Land, Probate and Administration, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jacob Manjichi Ombonya (Deceased)
Applicant
Joyce Asagi Bidali
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to include Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798.
- 2 Whether the property should be transmitted and registered in the name of Joyce Asagi Bidali.
- 3 Whether the omission of the property from the schedule of assets was inadvertent and can be corrected.
Ratio Decidendi
The court found that Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798, owned by the deceased, was inadvertently omitted from the Certificate of Confirmation of Grant. The applicant demonstrated that all dependents had received payment for the sale of the land and had no further claim, and that she had been in possession of the property for nearly ten years. There was no objection to the rectification or to the transmission of the property to the applicant. The court held that it had the authority under Rule 43(1) of the Probate and Administration Rules to rectify the grant to include the omitted property and to order its transmission to the applicant, subject to the filing of...
Court Disposition
application granted with conditions
Orders
- Prayer 1 of the application is granted: the Certificate of Confirmation of Grant is to be rectified to include Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798 and transmitted to Joyce Asagi Bidali.
- The dependents shall file consents to show that they have no objection within 14 days.
Full Case Text
Judgment text and source record
27 paragraphs
Ombonya (Deceased) v Bidali (Succession Cause 212 of 2004) [2024] KEHC 8386 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8386 (KLR)
Republic of Kenya
In the High Court at Kisii
Succession Cause 212 of 2004
JM Chigiti, J
July 10, 2024
Between
Jacob Manjichi Ombonya (Deceased)
Applicant
and
Joyce Asagi Bidali
Respondent
Ruling
1. The Applicant moved the court through the application dated 17th October,2023 seeking the following orders: -1. That the Certificate of Confirmation of Grant issued to the Public Trustee in this matter on December 16, 2011 and as amended on September 21, 2022 be rectified and or Further Amended to include Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798 and the aforesaid property transmitted to Joyce Asagi Bidali as provided for by Rule 43(1) of the Probate and Administration Rules:2. That subsequent to prayer (1) above, the Rectified Certificate of Confirmation be issued and the Administrator of the Estate be authorized/directed to execute all the necessary and attendant instruments so that the Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798 is transmitted and registered in the name of Joyce Asagi Bidali and in Default thereof the Deputy Registrar or the Court Administrator to execute the requisite instruments/documents.
2. The application is supported by the Affidavit of Joyce Asagi Bidali. According to her the deceased died on 31st Day of May, 2003 after which the Public Trustee applied for, and a Grant of Letters of Administration Intestate was made/issued to the Public Trustee Grant of Letters of Administration Intestate that was confirmed by this Honourable court.
3. A Certificate of Confirmation of Grant was issued on 16th December, 2011 and amended on 21st September, 2022.
4. Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798 that was owned by the Deceased was left out.
5. It is her case that there is no objection that the aforesaid property be transmitted to her.
6. She would like the aforesaid property to be included in the schedule of assets owned by the deceased.
7. She relies on the documents marked as INN(a) & (b) being a copy of the Identity Card and the Kenya Gazette confirming my identity and existence of the property.
8. She prays that the aforesaid inadvertent error and or omission be rectified.
9. It is her case that the dependents herein acknowledge receipt of payment in full for the sale of Land Parcel Title Number Miti Mingi/Mbaruk Block 5/798 that was owned by the Deceased and that they have no claim whatsoever on the said land.
10. She further argues that she has been in possession of the said land for almost ten (10) years now.
11. It is this court's finding that it has the power to issue the orders sought.
Order:1. Prayer 1 is granted.2. The dependents shall file consents to show that they have no objection within 14 days.3. Mention on 23rd September,2024 in Kisii High Court.
DATED, SIGNED, AND DELIVERED VIRTUALLY THIS 10TH DAY OF JULY, 2024CHIGITI J (SC)JUDGE